Tex. Educ. Code § 25.0951

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 25.0951 - School District Complaint or Referral for Failure to Attend School

(a) If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's 10th absence refer the student to a truancy court for truant conduct under Section 65.003(a), Family Code.

(b) If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student's parent in a county, justice, or municipal court for an offense under Section 25.093 if the school district provides evidence of the parent's criminal negligence. In this subsection, "parent" includes a person standing in parental relation.

(c) A court shall dismiss a complaint made by a school district under Subsection (b) that:

(1) does not comply with this section;

(2) does not allege the elements required for the offense;

(3) is not timely filed, unless the school district delayed the referral under Subsection (d); or

(4) is otherwise substantively defective.

(d) Notwithstanding Subsection (a), a school district may delay a referral of a student for truant conduct, or may choose to not refer a student for truant conduct, if the school district:

(1) is applying truancy prevention measures to the student under Section 25.0915; and

(2) determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.

Tex. Educ. Code § 25.0951

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 935,Sec. 13, eff. 9/1/2015.

Amended by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 7.003, eff. 9/1/2009.

Amended by Acts 2007, 80th Leg., R.S., Ch. 908, Sec. 31, eff. 9/1/2007.

Amended by Acts 2007, 80th Leg., R.S., Ch. 984, Sec. 1, eff. 6/15/2007.

Amended by Acts 2005, 79th Leg., Ch. 949, Sec. 37, eff. 9/1/2005.

Amended by Acts 2003, 78th Leg., ch. 137, Sec. 9, eff. 9/1/2003.

Added by Acts 2001, 77th Leg., ch. 1514, Sec. 6, eff. 9/1/2001.